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America granted work permits for Indian spouses of h-1 b visa holders

     

    A judge recently ordered that spouses of H-1B visa holders can work in the United States, which is a great relief for foreign employees in the country. In the process, U.S. District Judge Tanya Chutkan dismissed a lawsuit brought by Save Jobs USA, asking the court to overturn an Obama-era rule that granted spouses of some H-1B visa holders employment authorization cards. Amazon, Apple, Google, and Microsoft were among the technology companies who opposed the lawsuit. Save Jobs USA's major claim, according to Judge Chutkan's order, is that congress has never given the Department of Homeland Security the power to allow foreign nationals, such as those with H-4 visas, to work while in the country.


    h-1 b visa



    What influenced this change?


    The US government recognized that many highly talented workers who entered the country on H-1B visas and sought employment faced lengthy waits for green cards. They were frequently highly qualified H-4 visa holders, but they were prohibited from working at this time since they were their dependents. Due to the difficulties, they faced settling in the US, many of these families decided to leave. This is why the right to work was established. The fact that spouses of L-1 visa holders were already permitted to work in the US also impacted the legislation. Therefore, the regulation aimed to give H-1B spouses more chances, encouraging the H-1B employees to keep supporting the US economy.


    What is an H1-B visa?


    A non-immigrant visa called the H1-B enables international employees to work in the US for up to six years. Engineers, computer programmers, and scientists are examples of highly skilled employees in specialty occupations that need a bachelor's degree or above and are eligible for this visa.

    The H1-B visa is crucial for foreigners working in the US since many are employed in the technology and engineering fields, which demand highly qualified personnel. However, H-1B spouses were not permitted to work for a while, frequently putting a heavy financial burden on families.


    What did the court ruling say?


    Save Jobs USA’s main argument, according to Judge Chutkan's ruling, the United States' primary contention is that congress never granted the Department of Homeland Security the authority to allow foreign nationals, such as those with H-4 visas, to work while they are in the country.

    However, she claims that argument directly conflicts with the Immigration and Nationality Act's text, decades of executive branch conduct, and explicit and implicit congressional support of that practice.

    The judge determined that employment as a requirement for an H-4 spouse's entry to the country has been expressly and intentionally approved by Congress for the US government. Since the federal government has always had an open responsibility to allow employment for similar visa classes, she claimed that Congress had approved the use of such jurisdiction by the federal government.

    As per the order of Judge Chutkan, the Ministry of Homeland Security and prior administrations have allowed students, as well as their spouses and dependents, to pursue employment.

    In addition, the judge rejected Save Jobs USA's complaint that the Department of Homeland Security has long allowed spouses of foreign government officials and spouses of workers or officers of international organizations to work.


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